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215 Ga. 887

114 S.E.2d 133

McCrary v. the State

Supreme Court of Georgia

Decided April 7, 1960

Supreme Court of Georgia · decided 1960-04-07

Relies on Strickland v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1960-04-07

How this case has been cited

Cited by 7 later decisions — most recently October 1985

7 state decisions

50196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Motion For Rehearing.

¶2The motion for rehearing of the movant recites that this court *892issued an order to the Clerk of the Superior Court of Fulton County to transmit to us a properly certified copy of the traverse of the State to the motion to withdraw the plea of guilty. It is asserted that neither the movant nor his counsel was ever served with such a traverse, and that the brief of evidence did not specify such a traverse.

¶3In the brief of the Solicitor-General filed in this court the statement was made that the State’s traverse and the order of the court authorizing the submission of affidavits “appear to have been inadvertently omitted from the record.” This court, in an abundance of precaution to assure the full protection of the legal rights of the movant, desired to know whether the solicitor had made any admission favorable to the movant, and ordered the clerk of the trial court to transmit the State’s traverse to this court, under the ample authority to order such a record given by Code § 6-810 (4). Since there was no admission favorable to the movant in the traverse, no ruling in the opinion was predicated on the traverse, and it was merely mentioned in the statement of facts to show the sequence of events. A complete disregard of the traverse could make no difference in the judgment rendered by this court.

¶4The only other contention made by the motion for rehearing is a quotation from Strickland v. State, 199 Ga. 792 (35 S. E. 2d 463), which case was cited in the opinion. The facts in the Stricklandcase are not in point with those in the present case.

¶5Judgment adhered to on motion for rehearing.

All the Justices concur.
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